Can a neighbor build a fence blocking access to one side of the neighboring property in a zero lot line area?

Asked over 3 years ago - Mesa, AZ

I am in the process of buying a home in a zero lot line area. The home I am going to buy is on the lot line, and the neighbor next door has built a wall 2 inches from the side of the property I want to buy. It runs the entire length of one side of the property, making it completely inaccessible to me. One window is partially blocked, and one section of the house has not been painted, due to the wall. Is this legal? The neighbor does not want to take it down. What recourse do I have in this situation? I have read the CC&R's for the HOA, and I don't see anything addressed there. City code enforcement officials said that it was a violation, but city planning said that it was not a violation, as there is no specific law as to where you can put a wall. Who do I believe?

Attorney answers (1)

  1. Daniel Robert Hamad

    Contributor Level 15

    Answered . Look into the setback requirements in your town/county. Also look into whether they needed a permit to build the wall, and whether or not they obtained one.

    If it's really a zero lot line area, isn't the whole point that they build right up to the line? Unless I'm missing what you're saying.

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in CT & NY. Please visit www.hamadlawfirm.com for more information about our services. If this post is useful to you, please remember to upvote it.

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